P.L.
City Council Meeting 5/2/23 5/2/2023 May 2, 2023
* The Farm in Poway Specific Plan documentation below defines "intensity" and clarifies that the Life Time Proposal fails the definition for a Minor Modification, and is actually an Amendment.
Section 8.3.9 Specific Plan Minor Modifications and Amendments A. Minor Modifications (defines what Minor Modifications are and the exceptions) (1) Additions, deletions, or modifications to Table 3. 2: Permissible Open Space Uses and Table
3.5: Permissible Residential Uses which include uses similar to a use already listed and are consistent with the purpose and intent of the particular district and the Environmental Impact Report for the Specific Plan, provided that density, intensity, and traffic, are not increased. (Key point - Specifies the exceptions: "provided that density, intensity, and traffic, are not increased.") *But what is "intensity"? Is it defined in the Specific Plan?.... Yes! Section 1.4 How to Use This Specific Plan.
Step 1: Determine the Applicable Land Use states:
"Determine the permitted intensity by referencing Table 3.1: Land Use Summary." *And more:
Section 3.1 Land Use Map and Summary
"Land uses within the Specific Plan consist of open space and various residential uses as summarized in Table 3.1: Land Use Summary and Exhibit 3.1: Land Use Plan, which describe the distribution and maximum development intensity of uses as permitted by the Specific Plan." Table 3.1: Land Use Summary
Max. Non-
Approx. Percent of Maximum Residential
Residential
Net Area in Planning Number of Building Area in
Use/Land Use Density
Acres (AC) Area Dwelling Units Square Feet
(DU/AC) (SF)
(%) (DU)
Private Streets 12.96 11.1% NA NA NA
Open Space (OS) Land Use Districts
Conservation OS (OS-C)3 55.72 47.5% NA NA NA
Recreational OS (OS-R)2 14.65 12.5% NA NA 30,000
Total Open Space 70.37 60.0% NA NA 30,000
(Maximum Non-Residential Building Area in Square Feet for Recreational OS (OS-R) is 30,000) Agenda Report to the City Council, dated March 7, page 2 - last paragraph:
"Table 3.1 in the Specific Plan states that the maximum square footage of all combined non-residential uses is 30,000 sf..." "With the proposed Life Time fitness club, the total area of non-residential uses would be 49,561 sf."
*Increasing the non-residential building area to 49,561 is definitely an increase in intensity. This clearly violates the "Minor Modification" rule. *Therefore, the Life Time proposal must be considered an Amendment:
B. Amendments
Proposed changes to this Specific Plan that do not meet the criteria for a Minor Modification shall be subject to a formal Specific Plan Amendment process pursuant to Chapter 17.47 (Specific Plan Regulations) of the PMC. All Specific Plan Amendments shall be found consistent with the Poway General Plan in compliance with Government Code Section 65454. Except for Minor Modifications, Specific Plan amendments to the OS-R and the OS-C zoning districts shall require a Proposition FF city-wide vote of the people. The Development Services Director reserves the right to interpret land uses to substantially conform or to be substantially similar or consistent with one or more of the allowable land uses provided in and/or the purpose and intent of the OS-R and OS- C zoning districts.
Jana Johnson
Poway Resident
[email protected]